Results 5,861-5,880 of 18,728 for speaker:Michael McDowell

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: The Senator is thinking of section 14.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: Senator Norris is seeking a new provision requiring people, where they plead what used to be justification, to set out the facts upon which they will rely with regard to such justification. I will look at that between now and Report Stage. I believe it is already covered by rules of court but I could be wrong, and I do not know if it is necessary to put it into primary legislation. On...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: Amendment No. 6 to section 16 and amendment No. 7 to section 18 are technical drafting amendments. Amendment No. 8 to section 18, which provides for the defence of honest opinion, ensures that the reference in that section to section 16 on the defence of qualified privilege should be in accordance with all of section 16 and not limited to subsection 16(2).

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: I was about to point out that Senator Norris's arcane views on the law of libel and on freedom of expression would jar in the minds of most people from north America, but I will not say that now. I wonder about the situation in the Czech Republic, but I will not speculate. Subsection 18(3)(a) is based on the terms of section 23 of the 1961 Act.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: It states: In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved, if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: ——whether the old version is better than the new one.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: I was quoting the older section. The new subsection may be phrased less eloquently. Regarding the law in respect of fair comment and the defence of honest opinion, juries often believed that while someone held an opinion, it was not a fair one. They misunderstood the nature of the law. That juries needed to decide whether something was an honest view rather than a fair one needed to be...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Michael McDowell: It was an expression of opinion.

Written Answers — Road Traffic Offences: Road Traffic Offences (27 Feb 2007)

Michael McDowell: I propose to take Questions Nos. 217 and 245 to 247, inclusive, together. In view of the nature of the questions and in order to supply the details requested by the Deputy I am informed by the Garda authorities that it is necessary to make enquiries at each Garda Division. I will be in contact with the Deputy when the information is to hand.

Written Answers — Garda Deployment: Garda Deployment (27 Feb 2007)

Michael McDowell: I am informed by the Garda authorities that the area in question is actively policed by Gardaí from Santry Garda station. Community policing is a central feature and core value of policing policy by local Garda management, who are aware of the difficulties being experienced by local residents with anti-social behaviour in the area. Additional foot, mobile and mountain bike patrols carried...

Written Answers — Maintenance Payments: Maintenance Payments (27 Feb 2007)

Michael McDowell: Where a spouse defaults in making agreed payments of maintenance or defaults in making payments ordered by a Court, the Court has at its disposal a system of enforcement of payments. These include an attachment of earnings order and, ultimately, committal for refusal to obey a court order to pay, the means having been assessed by the Court. District Court clerks are empowered, using a...

Written Answers — Visa Applications: Visa Applications (27 Feb 2007)

Michael McDowell: The visa application referred to by the Deputy was submitted to the Visa Office by the person concerned in December 2002. At that time the words "no provision to grant this visa" were used in situations where, in particular circumstances there was no facility to grant a visa. Practices and procedures pertaining to the examination of visa applications have changed since 2002 and while the...

Written Answers — Residency Permits: Residency Permits (27 Feb 2007)

Michael McDowell: As outlined in my answer to the Deputy's Question No. 214 of 6th February, 2007, the person concerned had permission to remain in the State up to 24 March, 2006. There is no record of any application from the person concerned for any further permission to remain since that date. The person concerned must contact the Immigration Division of my Department outlining the reasons, together with...

Written Answers — Work Permits: Work Permits (27 Feb 2007)

Michael McDowell: From the point of view of immigration controls the person concerned, as a Bulgarian national, is subject to the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. These Regulations apply to all EU citizens who move to and reside in Ireland. The Regulations mean, inter alia, that EU citizens can enter Ireland on production of a valid passport or national identity card...

Written Answers — Garda Stations: Garda Stations (27 Feb 2007)

Michael McDowell: I propose to take Questions Nos. 223 to 239, inclusive, together. I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 following the attestation of 299 new members on Thursday, 16 November, 2006. This compares with a total...

Written Answers — Garda Recruitment: Garda Recruitment (27 Feb 2007)

Michael McDowell: Under the Garda Síochána (Admissions and Appointments) (Amendment) Regulations, 2001 (S.I. No. 498 of 2001) which commenced on 31 October 2001, the height requirement for entry to the Garda Síochána was abolished. These Regulations also provide for a physical competence test to be completed prior to entry to the Garda Síochána.

Written Answers — Crime Prevention: Crime Prevention (27 Feb 2007)

Michael McDowell: I am informed by the Garda authorities that the area referred to is regularly patrolled by uniform and plain clothes gardaí from its local Garda station with a view to ensuring a concentrated and visible Garda presence in the area. These patrols are backed up by Divisional Garda Units, including the Traffic Corps, Mountain Bike, Drug, Task Force and the District and Divisional Detective...

Written Answers — Visa Applications: Visa Applications (27 Feb 2007)

Michael McDowell: The position in relation to granting long-term residency is as follows — people who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. I...

Written Answers — Community Policing: Community Policing (27 Feb 2007)

Michael McDowell: I have been informed by the Garda Commissioner that the number of designated full-time community gardaí assigned at 31 December 2005 and 2006 was 453 and 497 respectively. The 2006 figure represents an increase of 44, or nearly 10%, in the number of gardaí assigned to community policing duties over the previous year's figure. Of course, all uniformed gardaí carry out community policing...

Written Answers — Garda Deployment: Garda Deployment (27 Feb 2007)

Michael McDowell: I am informed by the Garda authorities that Gardaí attend the District Courts in Dublin as part of and in the course of their normal duties. It would be extremely difficult, and involve a disproportionate use of resources, to attempt to quantify the time spent by Gardaí in Court and the cost of same. I am further informed that the Garda authorities commenced a Court Presenter System as a...